HF322

Purpose

• To enhance public safety by increasing penalties for crimes committed after unlawful reentry into the United States, specifically when a person has been deported or has a removal order that is outstanding.

Main Provisions

• Section 609.1097 – Increased sentences after unlawful reentry:
  • Definitions:
  • Removal: any agreement in which a person stipulates to removal during a criminal proceeding under federal or state law.
  • Offense trigger:
  • A person who commits a felony after being deported or removed from the United States under federal immigration proceedings, or after departing the United States while such removal order is outstanding, is guilty of a crime under this section.
  • Sentencing enhancement:
  • The statutory maximum for the crime is increased by five years over the underlying crime’s maximum.
  • If the victim of the crime is a person under 18 years old, the statutory maximum increase is ten years over the underlying crime’s maximum.
  • The increases apply to the “statutory maximum” for the enhanced offense, relative to the underlying felony.

Significant Changes to Existing Law

• Creates an enhanced-sentence framework within Minnesota Statutes (section 609.1097) for felonies committed after unlawful reentry or while a removal order is outstanding.
• Establishes explicit time-based penalties (5-year and 10-year increases) tied to the underlying crime’s maximum sentence.
• Introduces new definitions around “removal” to clarify when an immigration-related removal agreement affects criminal liability and sentencing.
• Potentially lengthens prison terms for offenders who reenter after deportation, especially when the crime involves a minor as a victim.

Summary Notes

• The bill emphasizes harsher penalties specifically for crimes committed after deportation or during an outstanding removal order, using a clear enhancement formula tied to the underlying offense and victim age.

Relevant Terms - unlawful reentry - deported - removal - removal order - order of deportation - immigration proceedings - felony - underlying crime - statutory maximum - five years - ten years - victim under 18 - Minnesota Statutes - 609.1097 - increased sentences - public safety - enhancement